Application for leave with subsequent dismissal: sample. Dismissal after vacation

The legislation of the Russian Federation protects a lot of human rights and interests, including the right to work and rest. Do not make a mistake with choosing a profession, finding a job is everyone's business. If the work for any reasons has ceased to bring satisfaction, it is necessary to think about leave or take cardinal measures and change it to a new one. But first you must part with the former. How to properly leave without making mistakes? And if there is an unused rest? One option is to leave for another vacation with subsequent dismissal.

Who can take a vacation, then immediately quit?

Article 127 of the Labor Code of Russia guarantees each worker, working both on an urgent and on an unlimited contract, the right to leave on leave with subsequent dismissal. The only condition is that he has no guilty actions. These can include: repeated unscrupulous execution or gross violation of official duties, absenteeism without good reason, embezzlement, coming to work under the dope of alcohol, toxic, narcotic substances, etc.

If the employee has a term of validity of the documented labor relations, he has the right to apply for leave with subsequent dismissal, even if he is outside the term of the contract. Dismissal after vacation has one nuance: the vacation period in the service on a general basis will not be included. For whom this moment is important, it makes sense to send an application for dismissal to the employer , already on vacation.

Will he give it or not?

When the representative of the employer receives the application for leave with the subsequent dismissal (the sample will be described below), he has the right to coordinate it. The Federal Service for Labor and Employment (letter No. 5277-6-1 of December 24, 2007) explains that this is only his right, and not an absolute duty. In cases where an employee is required in the workplace, he may be denied a rest day. Refusal of the employer will be unjustifiable in the event of a person's leave on leave in accordance with the approved schedule. In general, for the representative of the employer to issue a labor holiday with subsequent dismissal - a troublesome procedure. It is simpler to give the employee an opportunity to work out the term prescribed by the law and to compensate for the holiday in money equivalent.

Are the time limits for the filing of the relevant application for leave and the timing of withdrawal stipulated by the rule of law?

At any time a person has the right to send to the representative of the employer an application for leave with subsequent dismissal. Not necessarily at the same time to comply with the approved schedule of the order of holidays. If the decision to leave has coincided with rest according to the document determining the vacation order of employees, applications for leave are not required.

According to the Labor Code, the dismissal of an employee (in the absence of his guilty actions) may occur on his own initiative (with his voluntary will) or by agreement of the parties. At the same time, the employer should be informed about the intention of withdrawal in advance, at least two weeks in advance. The beginning of the calculation of the two-week period begins on the second day after the submission of the relevant application. At the same time, the employee has the right to express his wish to take his vacation off of him.

If the parties have agreed, the employment relationship can be terminated ahead of schedule by agreement of the parties, without waiting for the end of the working period. For example, in cases of staff cuts, change of the organization's owner, having an appropriate notice of reduction, is possible to avoid unused vacation during dismissal. The presence of the circumstances that have arisen, whether it is the retirement age and the desire to retire, the admission into the educational organization or the employer's violation of the provisions of the labor law, also serves as the basis for the possibility of using the leave. At the same time, the employee has the right to specify the date of dismissal without working out in the application , but it may be necessary to confirm the fact of the circumstances that caused the decision to withdraw, for example, a copy of the order or a certificate of admission to the university.

Where to begin?

Before submitting an application, a person must accurately understand how many unresolved rest days he is entitled to on the start date of the holiday. This information will be prompted in the personnel department. Not all non-regular days can be taken, but only a part. If the employee is registered in the organization for six months, but has not worked for another working year, he is entitled to a full-year annual basic paid four-week vacation. That's only the payment will be subject to actually worked time, which is calculated in months: less than half a month does not go into credit, more than half is rounded to the full.

To terminate the documented labor relations on its own initiative, the employee needs to prepare two documents for the management:

• Application for leave with subsequent dismissal (sample attached below), which prescribes terms and duration;
• A statement of dismissal, which indicates the reason (at will) and the timing of withdrawal.

If it is a question of agreement of the parties, then an application for leave with a subsequent dismissal is prepared (the sample is the same as in case of withdrawal at will), and the employer - the agreement on termination of labor relations.

To avoid misunderstandings, it makes sense to take a receipt in the employer's application. Limit can be a mark in their receipt, affixed to copies or second copies.

Application for leave with subsequent dismissal: sample, structure

Although the application is spelled arbitrarily, with its own hand or typed in hard copy on a PC, it has a certain structure, like any other similar official appeal of a citizen. At the top, the addressee and the applicant are indicated in the right-hand corner of the appeal. The addressee is also the leader: his position, organization name, surname, initials (in the dative case) are important here; The applicant - he is the originator of the appeal: it is enough of his office, surname and initials (in the dative case). The body of the application must contain a request for days of rest, start and end dates, total duration. Mandatory: the note "with subsequent dismissal", signature and date.

To the head of LLC Investcom

Ivanov II

Sales Specialist

Sidorova Т.T.

Statement

I ask you to provide an annual basic paid vacation from April 2, 2015, with a duration of 14 calendar days, followed by dismissal at will.

March 18, 2015 / T. T. Sidorov / Signed

The structure of the application for dismissal will be similar.

To the head of LLC Investcom

Ivanov II

Sales Specialist

Sidorova Т.T.

Statement

Please dismiss me at will on April 15, 2015.

March 18, 2015 / T. T. Sidorov / Signed

Applications for leave and dismissal are filed. What's next?

If the employer has signed both applications, then all necessary procedures for correct documenting and financial calculation must be observed. The first thing to prepare is orders on approved uniform forms: on granting leave and on dismissal, with which the employee gets acquainted with the painting. On the basis of signed orders, the calculation of leave with subsequent dismissal is prepared and implemented. It includes two components: holiday pay and the rest of the cash payments due to the employee. This includes: salary, bonuses, compensation of leave upon dismissal. Therefore, for accounting, it is important to have the personnel records prepared by the personnel department, indicating how many days a person will be on vacation, and what part of it will be necessary to pay compensation.

Wordplay

According to the Labor Code of the Russian Federation, dismissal in our case is carried out on the final day of vacation. The termination of the employment contract will be dated the last day of the person's stay at work. For us, this is the day that precedes the beginning of the holiday.

Terms of payment and issuance of work

As for the vacation, then, following the general rule, the accounting department must calculate them and have time to transfer (give out) to the employee three days before he leaves for leave. The work book and the relying final payment in connection with leaving the job, including compensation for leave on dismissal, left unused, must be made on the last working day, since the person is no longer returning to work from leave. If necessary, the employee is entitled to receive other documents, including copies of them, certified in accordance with the procedure established by law, related to work. Obligatory receipt in the accounts department of the certificate on the form 2-NDFL for the last two years for the probable payment of the sick leave at the new place of work.

Dismissal after vacation: labor was not received on time

What to do if the last working day for a person falls on a weekend or a holiday. Perhaps, on this day the employee was not at work, was on a business trip and had no opportunity to receive documents and settlement. Since it is impossible to hand out the labor one beforehand, it is necessary to issue documents and money on the first working day after the weekend, holiday or the last working day of the employee being dismissed. Although in this situation a person is already on vacation. To do this, a letter of notification should be sent to the employee's address with the request to approach and receive work and calculation at the place of work or agree on the possibility of sending by postal mail (if the calculation is transferred to a bank account). This notification will serve as the basis for the removal of the employer's responsibility for non-compliance with the terms of handing over the work book. Upon written request, the employee should be handed over to the dismissed employee within three working days.

I changed my mind about quitting

If the plans have changed, the employee has the right to withdraw the application for dismissal before leaving for a vacation in the event that another employee is not yet invited to take his place in the order of transfer. But, while he is already on vacation, he has no right to turn back time and refuse to take the decision. Applying to the employer with this request, the employee will be refused. If the person's decision to continue employment at the previous place of work is approved, it will be necessary to cancel the documentary leave with subsequent dismissal. Compensation of the funds paid is subject to recalculation and retention. In the labor register, an entry is made on the invalidity of the decision.

I got sick on vacation

If a person falls ill on leave with dismissal, he is entitled to a hospital benefit. Earlier, the letter of FSTZ mentioned above forbids him to prolong his vacation for the number of days of temporary incapacity for work.